tdiu How to proceed

[glider222]

I need advice on how to proceed in asking do SMC S.  I was able to get my c file and have uploaded the award and decision.  At the time I knew nothing about SMC.  In my application for IU in block 6, I specifically stated my unemployability was from bipolar 70%.  When I received IU award they included cervical ddd 20%, hypothyroidism 10%.  Then shortly after awarded the SA 50%.

i also have copies of letters from my Psychiartriist and a personal letter asking for P&T because of my bipolar, it was granted.  My big question is how do I put this info together and lay it out so there is no question and hopefully no re-evaluations.    

How do I assemble the award 526 ez with this info.  I know an eed back to 2001 is a long shot.  I would be happy for an eed of 2008, Bradley vs Peake.  

Any help is deeply appreciated. MI have been sitting on this since last June.

 

[FormerMember]

File a form VA  21-526EZ to Janesville, Wisconsin and claim you are entitled to SMC (s) because of 38 CFR § 3.350(i)(1).You are rated TDIU (100%)P&T for your Bipolar disorder solely.

You have additional disabilities that add up to 60% or more that are separated and independent of the TDIU mental disorder ( 50%+20%+10%=64% <=60%).

Your effective date for SMC S is the date the VA awarded sleep apnea that raised your entitlement to 60% or greater above the 100% P&T---or 11/15/2001.

 

[glider222]

Thank you Asknod.  Do I write that out and attach to the 21 526ez, because the form is awkward.? I am going to copy what you advised, keep it short and sweet.  

Do I need to mention Bradley vs Peake?  Should I attach copies of everything I posted to point it out to the rater?

i apologize for all the questions, I hope to do this only one time.

 

 

[FormerMember]

The idiots at the RO have never heard of Bradley v. Peake so don't waste the ink. The VA has your ratings sheet you posted above. They can do the math. They just never bothered. On page 8 of the 526 , it has a list for your disabilities. http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf  Type in "Entitlement to SMC S per 38 CFR 3.350(i)(1)" or type in "see attached sheet". Type it on a separate sheet and include it in the submission. Put your case # or your SSN on any paper you submit to ensure it doesn't fall on the floor and get separated from the claim.

[glider222]

Thanks again Asknod